Judicial Review In The Upper Tribunal (UT) After Grant Of Permission

On granting permission the court may make case management directions under CPR 54.10(1) for the progression of the case. Case management directions may include directions as to venue, as to the service of the claim form and any evidence on other persons and as to expedition.

A party upon whom a claim form has been served and who wishes to contest the claim (or support it on additional grounds) must, within 35 days of service of the order granting permission, file and serve on the Court and all of the other parties

Detailed grounds for contesting the claim or supporting it on additional grounds; and

Any written evidence relied upon.

Any party who has done so may be represented at the hearing. Where the party filing the detailed grounds intends to rely on documents not already filed, a paginated bundle of those documents must be filed at the Court when the detailed grounds are filed. The Court has power to extend or abridge the time for lodging evidence.

Listing Of The Case For Hearing

When the time for lodging of evidence by the parties has expired, the case enters a warned list and all parties are informed of this by letter. Where a direction has been given for expedition, the case will take priority overother cases waiting to be fixed and enters an expedited warned list.

Whilst the Administrative Court usually gives fixed dates for hearings, there is also a need to short warn a number of cases to cover the large number of settlements that occur in the list. Parties in cases that are selected to be short warned will be notified that their case is likely to be listed from a specified date, and that they may be called into the list at less than a day's notice from that date. If the case does not get on during that period, a date as soon as possible after that period will be fixed in consultation with the parties.

Filing Skeleton Arguments

A skeleton argument is a document lodged with the court by a party prior to the substantive hearing of any application for judicial review. If you wish to lodge a skeleton argument you must file it with the Court and serveit on the other parties not less than 21 working days before the date of the hearing of the judicial review or the short warned date, where a case has been “short warned”.

The defendant and any other party wishing to make representations at the hearing of the judicial review must file and serve a skeleton argument not less than 14 working days before the date of the hearing of the judicial review (or the short warned date).

The skeleton argument must contain:

A time estimate for the complete hearing, including delivery of judgment;

A list of issues;

A list of the legal points to be taken (together with any relevant authorities with page references to the passages relied on);

A chronology of events (with page references to the bundle of documents);

A list of essential documents for the advance reading of the court (with page references to the passages relied on) (if different from that filed with the claim form) and a time estimate for that reading; and

A list of persons referred to.

Trial Bundles

You must file a paginated and indexed bundle of all relevant documents required for the hearing of the judicial review whether or not you file a skeleton argument. The bundle must be filed with the court and served on the other parties not less than 21 working days before the hearing. Two copies of the bundle are required by the Court when the application is to be heard by a Divisional Court. The bundle must also include those documents required by the defendant and any other party who is to make representations at the hearing.

An application to the court for further orders/directions after the grant of permission

Where case management decisions or directions are sought after permission has been granted, application should be made by way of an application under CPR Part 23, using Form PF244 – Administrative Court Office. You will be required to pay a fee for such application (currently £80.00, or £45.00 if all parties provide their written consent tothe order being made), unless you are entitled to fee remission (in which case you should complete and submit a form EX160 with you application).

Determination Of Substantive Application Without A Hearing

The court may decide a claim for judicial review without a hearing where all parties agree (CPR Part 54.18). If you reach agreement with the other parties as to the terms of the final order to be made in your claim, you must file at the court a document (with 2 copies) signed by all the parties setting out the terms of the proposed agreed order. There is a fee of £45.00 payable on lodging the consent order, unless you are entitled to fee remission, in which case you must complete and submit a Form EX 160 (Application for a Fee Remission) with your application.

Discontinuation Of Judicial Review Proceedings At Any Stage

If you have not yet served any of the parties with the sealed claim form and accompanying documents you may discontinue the proceedings by notifying the Court in writing of your intention to do so. The Court will accept a letter of withdrawal provided that you confirm in writing that you have not effected service on the parties.

Discontinuance of a claim is governed by CPR Part 38. Discontinuance renders you liable for the costs incurred by the other parties until the date of discontinuance. There is a right to discontinue a claim at any time, except where:

An interim injunction has been granted or an undertaking has been given - in those circumstances the permission of the court is required to discontinue the proceedings (an example of this would be where bail had been granted pending determination of the application for judicial review)

Interim payment has been made by defendant - in those circumstances the consent of the defendant or the permission of the court is required to discontinue the proceedings

There is more than one claimant - in those circumstances the consent of every other claimant or the permission of the court is required to discontinue the proceedings.

If you wish to discontinue the proceedings at any stage after the service of those proceedings upon the other parties you must file a Notice of Discontinuance in the requisite form (N279) at the relevant Administrative Court Office and serve a copy on every other party. A defendant may apply to set aside the Notice of Discontinuance, within 28 days ofbeing served with it (CPR Part 38.4). If the parties require any order for costs, then a draft order setting out the terms of the order sought is required. A Notice of Discontinuance would not be appropriate in those circumstances.

Appeal after substantive hearing

In substantive applications, permission to appeal may be sought from the Administrative Court when it determines the claim for judicial review. If an application for permission to appeal is not made at the conclusion of the case, the application for permission to appeal must be made to the Court of Appeal Civil Division within 21 days (CPR Part 52.3 & 52.4).

Why Sunrise Solicitors For Judicial Review Claim?

The immigration solicitors at Sunrise Solicitors are experts in dealing with application for judicial review. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration solicitors in London or Manchester in relation to your application for judicial review and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your application for judicial review claim, we will do the following for you:

Our immigration solicitors will take Detailed Instructions from you and advise you about the relevant immigration law and procedure to be adopted by the High Court in your immigration case;

Our immigration solicitors will discuss your case in detail with you and advise you about the weaknesses and strengths of your immigration case;

Our immigration solicitors will instruct a Barrister/Advocate for grounds in support of the Judicial Review Claim;

Our immigration solicitors will submit the judicial review claim to the High Court and do all the casework until a decision is reached by the High Court on Judicial Review claim;

Our Barrister/Advocate will prepare skeleton submissions and our immigration solicitors will submit the same to the High Court and the Treasury Solicitors before the hearing for Judicial Review claim;

Our Barrister/Advocate will represent you in High Court in your Judicial Review claim hearing;

Our immigration solicitors will keep you informed about the progress of your immigration matter;

Our immigration solicitors will do all the follow up work until decision is reached on your Judicial Review claim by the High Court;

Our immigration solicitors will advise you about the implications of the decision on your Judicial Review claim.

Our Fees For Judicial Review Claim Following Grant Of Permission

You have the following funding options to fund your Judicial Review Claim following grant of permission to apply for judicial review:

No Win No Fee

We can act for you on no win no fee basis in relation to your Judicial Review Claim following grant of permission to apply for Judicial Review if we find that the chances of success in your judicial review claim are 100%. The fee to be charged on No Win No Fee basis will be from £3,500 + VAT. If the claim for Judicial Review is unsuccessful, you will not have to pay any fee.

You will also be responsible to pay any disbursements to be incurred by us on your behalf e.g. Barrister's fee, the court fee etc.

Agreed Fixed Fee

We will charge you a fee from £2,500.00 + VAT for our professional immigration services in relation to an application for Judicial Review after the permission to apply for Judicial Review has been granted by the High Court. The agreed fee will depend on the complexity of the matter and the casework involved in the matter. The agreed fee will cover all our work until decision by the High Court Judge on your application for Judicial Review.

It is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. Barrister's fee, the court fee etc.

Hourly Rate Fee Option

You can choose to instruct us using hourly rate funding option. The hourly rate to be charged will depend on the complexity of the matter, the Post Qualification Experience (PQE) of the solicitor handling the matter etc,.

You will also be responsible to pay any disbursements to be incurred by us on your behalf e.g. Barrister's fee, the court fee etc.

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